Maharashtra Crisis: Can Shiv Sena Disqualify Eknath Shinde Using Anti-Defection Law? | Explained

Maharashtra Crisis: In Maharashtra, if Shinde is able to merge 37 MLAs of Shiv Sena with BJP or any other party, he cannot be disqualified. The total MLAs of Shiv Sena at present are 55.

Written by: India.com News Desk Edited by: Raghav Aggarwal

Updated: June 27, 2022, 2:22 PM IST

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https://www.india.com/explainer/maharashtra-crisis-can-shiv-sena-disqualify-eknath-shinde-using-anti-defection-law-in-india-explained-5471039/ Copy

The Eknath Shinde camp claimed to have support of two-thirds of the party’s MLAs.

Maharashtra Crisis | New Delhi: Shiv Sena-led Maharashtra government is facing major political turmoil after Eknath Shinde decided to be a rebel. Shinde has taken several MLAs of the Shiv Sena to Guwahati, claiming that 40 out of 55 lawmakers in the state government support him and current CM Uddhav Thackrey must resign from the post. This has brought India’s anti-defection law into the spotlight.

Addressing the media, Senior Advocate Devadatt Kamat said, “There are lot of media reports that the rebel MLAs have 2/3rd of the MLAs and therefore disqualification does not apply.”. He continued, “The concept of 2/3rd applies only in the case of merger. Disqualification applies in this case and just because you have 2/3rd MLAs, it doesn’t mean you (Rebel MLA’s) cannot be disqualified.”

Senior Advocate Devadatt Kamat speaks to Media on Shiv Sena rebellion.

“There are lot of media reports that the rebel MLAs have 2/3rd of the MLAs and therefore disqualification does not apply” @Devadattkamat @ShivSena pic.twitter.com/oGYVWhCKDn

— Bar & Bench (@barandbench) June 27, 2022

Kamat further stated, “Till today, there is no merger. They (Rebel MLA) have given up. Disqualification petitions have been filed. Merger concept came in 2003. There was a split provision in the Constitution before that with 1/3rd strength. Till a merger doesn’t happen, they (Rebel MLAs) cannot save themselves from disqualification. They are saying, Deputy Speaker has no powers to adjudicate under 10th Schedule. In the absence of speaker, Deputy has all the powers”

What is Anti-Defection law?

Passed and implemented in 1985, the Anti-defection law of India laid down the process to disqualify a member of the assembly or the Parliament if they defy the party leadership, resign from the party or shift to another political party.

The 10th Schedule of the Parliament clarifies the rules and regulations around it. The disqualification has to be done by the presiding officer of the house. In Maharashtra, Narhari Sitaram Zirwal is the acting speaker of the house.

Can Eknath Shinde be disqualified by Shiv Sena?

Yes and No. In the 10th Schedule of the Constitution, there is an exception when a member can save himself/ herself from disqualification. If two-thirds of members of the party of the defector join another party, he/ she will not be defected.

In Maharashtra, if Shinde is able to merge 37 MLAs of Shiv Sena with BJP or any other party, he cannot be disqualified. The total MLAs of Shiv Sena at present are 55.

However, as Kamat said until the members do not join any other party or merge with any other party, Shinde can be subjected to disqualification under the rules specified by the Constitution.